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(영문) 울산지방법원 2015.08.28 2015노199

사기

Text

The judgment of the court below is reversed.

The defendant is punished by imprisonment for not more than five months, G, and N with respect to fraud regarding E.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the records of this case show that the Defendant, at the Ulsan District Court on March 25, 201, was sentenced to a suspended sentence of two months for a period of six months, to be a crime of fraud, and the judgment becomes final and conclusive on July 16, 201. Among the crime of this case, each of the crime of this case against G and N is in a concurrent crime under the latter part of Article 37 (1) of the Criminal Act with regard to the relationship between fraud for which the judgment became final and conclusive and the crime of fraud under the latter part of Article 37 (1) of the Criminal Act, and should be sentenced separately from the crime of fraud against E, which is a crime after the judgment becomes final and conclusive in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39 (1) of the Criminal Act. In light

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning concurrent crimes (trade between frauds, G, and N in which the judgment becomes final and conclusive);

1. The reason for sentencing of Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes (the increase of concurrent crimes with respect to G and N) is that the defendant recognized the crime of this case and is against it, and that the crimes with respect to G and N are committed against it.